September 2010

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September 2010 CITYSEPTEMBER 15, 2010 center forLAND new york city law VOLUME 7, NUMBER 8 Highlights CITY COUNCIL 15 Penn Plaza tower OK’d . .117 CITY PLANNING COMMISSION Large rezoning in NE Queens . .120 Borough Park housing project . .120 BK supportive housing heard . .121 Rosedale rezoning approved . .122 Car-share parking text OK’d . 123 BOARD OF STANDARDS & APPEALS East Village legalization . .123 LANDMARKS The City Council approved Vornado Realty Trust’s proposed 15 Penn Plaza commercial tower across SI buildings designated . .124 the street from Penn Station in Manhattan. Image: Courtesy Pelli Clarke Pelli Architects . Park Slope HD calendared . .125 SI farmhouse considered . .126 CITY COUNCIL 67-story, single-tenant building or a Sandy Ground bldgs . heard . .126 68-story, multi-tenant building in or- der to provide development flexibil- Rezoning/Special Permits ADMINISTRATIVE DECISIONS ity. Vornado agreed to provide a host Midtown South, Manhattan of transit improvements in exchange Bushwick NOV defeated . .127 Vornado’s 1,200-foot Penn for a development bonus neces- Plaza tower approved sary to build either proposal. The COURT DECISIONS proposed improvements include Willets Point challenge denied . .128 Opponents raised concerns about im- reopening and renovating the Gim- Rezoning challenge dismissed . .128 pact on Empire State Building, while bels/West 33rd Street Passageway, the Council focused on Vornado’s par- and relocating subway entrances at CITYLAND PROFILE ticipation in Minority- and Women- West 32nd and West 33rd Streets. owned Business Enterprise program . During the project’s public re- Mark Silberman . .129 On August 25, 2010, the City Coun- view, Manhattan Community Board cil approved Vornado Realty Trust’s 5 opposed the project, arguing that CHARTS proposal to construct a commercial the proposed transit improvements DCP Pipeline . .119 tower rising approximately 1,200 feet did not justify the tower’s size. Mal- ULURP Pipeline . .123 on Seventh Avenue between West kin Holdings LLC, owner of the Em- BSA Pipeline . .124 32nd and 33rd Streets in Manhat- pire State Building, argued that the Landmarks Actions . .126 tan. The site is occupied by the Hotel tower would negatively impact the Landmarks Pipeline . .126 Pennsylvania, which Vornado plans iconic skyscraper, and asked that Citylaw org. New Decisions . 130–. 31 to demolish in order to build the the proposal’s height be reduced. project, known as 15 Penn Plaza. The City Planning Commission Vornado proposed developing a approved the (cont’d on page 118) September 15, 2010 Volume 7 CITYLAND 117 COM M E NTARY David Dinkins and the U.S.T.A. Tennis Center The crowds going to the U.S. Open in Flushing Meadows Park must pass through the David Dinkins Circle to enter the National Tennis Center; many of them may not appreciate the significance of the naming. Mayor Dinkins, famous for his enthusiasm for tennis, completed the negotiations for the tennis center in 1993 as his four year term ended. He thereafter suffered biting criticism from his successor, Mayor Rudolph Giuliani, over the fi- nancial arrangements for the construction and use of the City-owned stadium, and over the F.A.A.’s agreement to divert noisy aircraft from nearby LaGuardia during the U.S. Open to avoid disrupting the players’ concentration. The City was deep in an economic recession at the time, and Giuliani made the tennis center a political issue. The contracts were signed, however, and Giuliani made his lingering disdain known by notoriously not attending the U.S. Open. Thirteen years after the 1997 opening of the National Tennis Center and the Arthur Ashe Stadium, it is hard to remember just why Mayor Giuliani so vociferously opposed the project. The U.S. Open is a singular New York City event lasting two full weeks. It fills hotels and restaurants, gets people to ride the subway and the Long Island Railroad, and projects the most positive images of New York City around the world. Attendees to the U.S. Open enter a modern international fairground with pavilions of clothes, sports equipments, cars and food. In a reversal of pro football where the tailgate party is only a prelude to the game, attending the U.S. Open is all tailgate party, with tennis viewing available. Mayor Giuliani’s plan to move Yankee Stadium to Manhattan went nowhere, as did Mayor Michael Bloom- berg’s plan for a Jets Stadium at the same location. Bloomberg succeeded in having new stadiums built for the Yankees and Mets by building at existing locations, just as Mayor Dinkins did with the expanded tennis center. The tennis center site had been the Singer Bowl during the 1964–65 World’s Fair. It was reconstructed in 1978 and again in 1997. The 2010 tennis center is bigger today, but the site is the same. The City does not often give physical honors to its living ex-mayors, but the naming of Dinkins Circle is entirely appropriate. Ross Sandler CITYLAND Ross Sandler Bradley McCormick ’09 Jesse Denno Professor of Law and Director, Eugene Travers ’10 Staff Writer, Production Asst . The Center expresses appreciation to the Center for New York City Law Marissa Fierz ’10 Maryellen Philips Frank Berlen ’07 Fellows Administrative Coordinator individuals and foundations supporting the Associate Director Lebasi Lashley Frank St. Jacques ’11 Center and its work: The Steven and Sheila Aresty Managing Editor Art Director Student Writer Foundation, Fund for the City of New York, Peter Schikler ’08 Petting Zoo Design CityLand Editor The Durst Foundation, The Charina Endowment Fund, The Murray Goodgold Foundation, CITYLAND ADVISORY BOARD Jerry Gottesman, The Marc Haas Foundation and Kent Barwick Howard Goldman Carol E. Rosenthal The Prospect Hill Foundation. Andrew Berman David Karnovsky Michael T. Sillerman Molly Brennan Ross Moskowitz ’84 Paul D. Selver (ISSN 1551-711X) is published 11 times Albert K. Butzel Frank Munger CITYLAND a year by the Center for New York City Law at New York Law School, 185 West Broadway, New York CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL City, New York 10013, tel. (212) 431-2115, fax (212) Stanley S. Shuman, Eric Hatzimemos ’92 Norman Redlich 941-4735, e-mail: [email protected], website: Chair Michael D. Hess Joseph B. Rose www.citylaw.org © Center for New York City Law, Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Ernst H. Rosenberger ’58 2010. All rights reserved. Printed on recycled paper. Sheila Aresty ’94 Maps presented in CITYLAND are from Map- William F. Kuntz II Rose Luttan Rubin Harold Baer, Jr. PLUTO copyrighted by the New York City Depart- Eric Lane Frederick P. Schaffer David R. Baker Randy M. Mastro ment of City Planning. City Landmarks and Hist- Michael A. Cardozo Frederick A.O. Schwarz, Jr. oric Districts printed with permission of New York Richard Matasar Anthony Coles O. Peter Sherwood City Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire Edward Wallace Paul A. Crotty Francis McArdle Richard M. Weinberg POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Peter L. Zimroth CITYLAND, 185 West Broadway, New York, New Michael B. Gerrard Thomas L. McMahon ’83 James D. Zirin York 10013-2921. Periodicals postage paid at New York, New York. Judah Gribetz Gary P. Naftalis Kathleen Grimm ’80 Steven M. Polan 118 Volume 7 CITYLAND September 15, 2010 proposal, noting the importance of adding new modern office space in CITY PLANNING PIPELINE Manhattan’s central business dis- trict and the need for the transit im- New Applications Filed with DCP — August 1 - 31, 2010 provements. 7 CityLand 105 (Aug. APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE 15, 2010). ZONING TEXT AND MAP AMENDMENTS At the Council’s Zoning & Extell Development W. 61st Street, MN Apply incl. housing prog.; amend. 100294AZRM Kramer Levin & Franchises Subcommittee hearing, special permit (modify floor area) 100296AZSM Bryan Cave groups speaking in support said the Thor Shore Dev. 1752 Shore Parkway, BK Rezone M3-1 to M-1; auth. for mod. 110047ZMK; Wachtel Masyr of waterfront pub. acc. & vis. corr.; 110052ZAK; project would bring new business spec. perm. (large scale estabs); 110048ZSK; to the City and create short-term special perm. (waterfront bulk mod.); 110049ZSK; and permanent jobs. In contrast, special permit (sign regs. mod.); 110050ZSK; special permit (public prk. garage); 110051ZSK; Anthony Malkin, president of Mal- chair cert. for waterfront pub. acc. 110053ZCK kin Holdings, said the tower was R.A. Real Estate 3502 Surf Avenue, BK Rezone R6A to R7-3 & R7-3/C2-4; 110058ZMK; Greenberg Traurig simply too big and too close to the certification for public access; 110063ZCK; cert. for waterfront public access; 110064ZCK; City’s largest landmark. Malkin did special perm. (waterfront bulk mod.); 110059ZSK; not oppose the project outright, but special perm. (waterfront bulk mod.); 110060ZSK; spec. perm. (bulk mods. for 2 mixed 110061ZSK; said that it would be more appro- use bldgs); spec. perm. (use mods) 110062ZSK priate at a height of 800 to 825 feet. SPECIAL PERMITS/OTHER ACTIONS Preservation groups, including the Whistlepig Assoc. 59 Thompson Street, MN Spec. perm. (use grp. 6 in M1-5B) 110043ZSM Weston Architects National Trust for Historic Preserva- LPC 36 E. 38th Street, MN Landmark (Burrill House) 110036HKM tion and the New York Landmarks LPC 488 Madison Avenue, MN Landmark (Look Building) 110035HKM Conservancy agreed, and requested Hal Dorfman 5247 Arlington Avenue, BX Replace attic with full 2nd story 110055ZCX that the Council reduce the project’s Silvercrest Center 144-45 87th Avenue, QN Special perm. (expand nursing home); 110041ZSQ; Akerman Senterfitt height and massing. special perm. (new sr. housing bldg.) 110042ZSQ Addressing issues other than LPC 74 Franklin Avenue, SI Landmark (Christ Church) 110045HKR the tower’s effect on the skyline, LPC 321 Manor Road, SI Landmark (Troop 51 Armory) 110046HKR Council Member Albert Vann asked 65 Androvette St.
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